La. Admin. Code tit. 33 § IX-2521

Current through Register Vol. 50, No. 6, June 20, 2024

Section IX-2521 - Requirements for Obtaining Permit Coverage for Regulated Small MS4s

A. The operator of any regulated small MS4 under LAC 33:IX.2519 shall seek coverage under an LPDES permit issued by the state administrative authority.

B. The operator of any regulated small MS4 shall seek authorization to discharge under a general or individual LPDES permit, as follows:

1. General Permit Notices of Intent

a. If seeking coverage under a general permit issued by the state administrative authority in accordance with LAC 33:IX.2519, the small MS4 operator shall submit a Notice of Intent (NOI) consistent with LAC 33:IX. 2515.B.2.b. The small MS4 operator may file its own NOI or the small MS4 operator and other municipalities or governmental entities may jointly submit a NOI. If the small MS4 operator wants to share responsibilities for meeting the minimum measures with other municipalities or governmental entities, the small MS4 operator shall submit a NOI that describes which minimum measures it will implement and identify the entities that will implement the other minimum measures within the area served by the MS4. The general permit will explain any other steps necessary to obtain permit authorization.

b. If seeking coverage under a general permit issued by the state administrative authority, in accordance with LAC 33:IX.2515, the small MS4 operator shall submit a NOI to the state administrative authority consisting of the minimum required information in LAC 33:IX.2515.B.2.b, and any other information the state administrative authority identifies as necessary to establish additional terms and conditions that satisfy the permit requirements of LAC 33:IX.2523, such as the information required under LAC 33:IX.2521.B.2.a. The general permit will explain any other steps necessary to obtain permit authorization.

2. Individual Permit Application Requirements

a. If seeking authorization to discharge under an individual permit to implement a program under LAC 33:IX.2523, the small M4 operator shall submit an application to the state administrative authority that includes the information required under LAC 33:IX.2501.F and the following:

i. the best management practices (BMPs) that the small MS4 operator or another entity proposes to implement for each of the storm water minimum control measures described in LAC 33.IX.2523;

ii. the proposed measurable goals for each of the BMPs including, as appropriate, the months and years in which the small MS4 operator proposes to undertake required actions, including interim milestones and the frequency of the action;

iii. the person or persons responsible for implementing or coordinating the storm water management program;

iv. an estimate of square mileage served by the small MS4;

v. any additional information required by the state administrative authority; and

vi. a storm sewer system map that satisfies the requirement of LAC 33:IX.2523B.3.a satisfies the map requirement in LAC 33:IX.2501.F.7.

b. If seeking authorization to discharge under an individual permit to implement a program that is different from the program under LAC 33:IX.2523, the small MS4 operator shall comply with the permit application requirements of LAC 33:IX.2511.D. The small MS4 operator shall submit both parts of the application requirements in LAC 33:IX.2511.D.1 and 2 at least 180 days before the expiration of the small MS4 operators existing permit. Information required by LAC 33:IX.2511.D.1.b and 2 regarding its legal authority is not required, unless the small MS4 operator intends for the permit writer to take such information into account when developing other permit conditions.

c. If approved by the state administrative authority, the small MS4 operator and another regulated entity may jointly apply under either Subparagraph B.2.a or b of this Section to be co-permittees under an individual permit.

3. If the regulated small MS4 is in the same urbanized area as a medium or large MS4 with an LPDES storm water permit and that other MS4 is willing to have the small MS4 operator participate in its storm water program, the parties may jointly seek a modification of the other MS4 permit to include the small MS4 operator as a limited co-permittee. As a limited co-permittee, the small MS4 operator will be responsible for compliance with the permit's conditions applicable to its jurisdiction. If the small MS4 operator chooses this option it shall comply with the permit application requirements of LAC 33:IX.2511, rather than the requirements of LAC 33:IX.2521.B.2. The small MS4 operator does not need to comply with the specific application requirements of LAC 33:IX.2511.D.1.c, d, and 2.c (discharge characterization). The small MS4 operator may satisfy the requirements in LAC 33:IX.2511.D.1.e and 2.e (identification of a management program) by referring to the other MS4's storm water management program.

4. Guidance for Paragraph B.3 of this Section -in referencing the other MS4's storm water management program, the small MS4 operator should briefly describe how the existing program will address discharges from the small MS4 or would need to be supplemented in order to adequately address the discharges. The small MS4 operator should also explain its role in coordinating storm water pollutant control activities in the MS4 and detail the resources available to the small MS4 operator to accomplish the program.

C. If the regulated small MS4 is designated under LAC 33:IX.2519.A.2, the small MS4 operator shall apply for coverage under an LPDES permit, or apply for a modification of an existing LPDES permit under Paragraph B.3 of this Section within 180 days of notice of such designation, unless the state administrative authority grants a later date.

La. Admin. Code tit. 33, § IX-2521

Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 26:2278 (October 2000), repromulgated LR 30:230 (February 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2511 (October 2005), LR 33:2167 (October 2007), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigation Division, LR 431349 (7/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074.